Employers guide to preventingand responding toworkplace bullying
Guide
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Section Name
Disclaimer
This publication contains information regarding work health and safety. It includes some of your obligations under the Work Health and Safety (National Uniform Legislation) Act– the WHS (NUL) Act – that NT WorkSafe administers. The information provided is a guide only and must be read in conjunction with the appropriate legislation to ensure you understand and comply with your legalobligations.
Acknowledgement
This guide is based on material produced by Safe Work Australia at
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All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia licence.
For the avoidance of doubt, this means this licence only applies to material as set out in this document.
The details of the relevant licence conditions are available on the Creative Commons website as is the full legal code for the CC BY 3.0 AU licence.
Contents
Introduction
What is workplace bullying?
What is not considered to be workplace bullying?
Reasonable management action taken in a reasonable way
Discrimination or sexual harassment
Workplace conflict
How can workplace bullying occur?
Impact of workplace bullying
Who has duties in relation to workplace bullying?
How can the risk of workplace bullying be managed?
Consulting workers
Consulting, co-operating and co-ordinating activities with other dutyholders
Preventing workplace bullying
Identifying the potential for workplace bullying
Bullying behaviours
Overt or obvious bullying
Covert or more subtle bullying
Controlling the risks
Set the standard of workplace behaviour
Implement a workplace bullying policy
Design safe systems of work
Develop productive and respectful workplace relationships
Dealing with external parties
Implement reporting and response procedures
Provide training and information
Training
Providing workers with information
Monitoring and reviewing
Responding to workplace bullying
How to respond to workplace bullying
The role of supervisors and line managers
The role of health and safety representatives
Principles when responding to reports of workplace bullying
Balancing confidentiality and transparency
Confidentiality
Transparency for the parties involved
Transparency for the organisation
Actions after reports of workplace bullying are resolved
Reviewing the systems of work
Investigations
Who should conduct the investigation?
Informing the parties of the investigation
Outcomes of an investigation
Other actions
Example Workplace bullying policy
Our commitment
What is not workplace bullying?
What can you do?
How we will respond
Consequences of breaching this policy
Authorisation
Where else can you go for help
External resolution
Work Health and Safety Regulators
Fair Work Commission
Fair Work Ombudsman
NT Anti-Discrimination Commission
Australian Apprenticeships NT
Unions NT
NT Working Women’s Centre
Support services
Employers guide to preventing and responding to workplace bullying1
How to make a claim
Introduction
Workplace bullying is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullyingbehaviour continues, the more difficult it is to address and the harder it becomes to repair workingrelationships.
This Guide provides information for persons conducting a business or undertaking (PCBU) on how to manage the risks of workplace bullying aspart of meeting their duties under the Work Health and Safety (National Uniform Legislation) Act
– theWHS(NUL) Act – and the WHS (NUL) Regulations.
It includes advice on what workplace bullying is, how it can be prevented and how to respond to allegations that may arise.
Practical guidance for workers is available in the publication Workers guide to dealing with workplace bullyingon the NT WorkSafe website worksafe.nt.gov.au.
What is workplace bullying?
Workplace bullying is defined as repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.
Not all behaviour that makes a person feel upset or undervalued at work is classified as workplace bullying. Examples of behaviour, whether intentional or unintentional, that may be considered to be workplace bullying if they are repeated, unreasonable and create a risk to health and safety include, but are not limited to:
abusive, insulting or offensive language or comments
unjustified criticism or complaints
deliberately excluding someone from workplace activities
withholding information that is vital for effective work performance
setting unreasonable timelines or constantly changing deadlines
setting tasks that are unreasonably below or beyond a person’s skill level
denying access to information, supervision, consultation or resources to the detriment of the worker
spreading misinformation or malicious rumours
changing work arrangements, such as rosters and leave, to deliberately inconvenience a particular worker or workers.
A single incident of unreasonable behaviour is not considered to be workplace bullying however it may have the potential to escalate and should not be ignored.
If workplace bullying behaviour involves violence, for example physical assault or the threat of physical assault, it should be reported to the police.
Employers guide to preventing and responding to workplace bullying1
How to make a claim
What is not considered to be workplace bullying?
Reasonable management action taken in a reasonable way
The PCBUmay take reasonable management action to direct and control the way work is carried out. It is reasonable for managers and supervisors to allocate work and to give fair and reasonable feedback on a worker’s performance. These actions are not considered to be workplace bullying if they arecarried out lawfully and in a reasonable manner, taking the particular circumstances into account.
Examples of reasonable management action can include but are not limited to:
setting reasonable performance goals, standards and deadlines
rostering and allocating working hours where the requirements are reasonable
transferring a worker for operational reasons
deciding not to select a worker for promotion where a reasonable process isfollowed
informing a worker of their unsatisfactory work performance in an honest, fair and constructive way
informing a worker of their unreasonable or inappropriate behaviour in an objective and confidential way
implementing organisational changes or restructuring
taking disciplinary action including suspension or termination of employment.
Employers guide to preventing and responding to workplace bullying1
How to make a claim
Discrimination or sexual harassment
Unreasonable behaviour may involve discrimination or sexual harassment which in isolation is not considered to be bullying.
Discrimination occurs when someone is treated less favourably than others because they have a particular characteristic or belong to a particular group of people. For example, it would be discriminatory not to hire or promote a woman because she is pregnant or may become pregnant.
Sexual harassment is associated with unwelcome sexual advances, requests for sexual favours or other unwelcome conduct of a sexual nature.
Discrimination and sexual harassment in employment is unlawful underanti-discrimination, equal employment opportunity, workplace relations and human rightslaws.
The WHS (NUL) Act includes specific protections against discriminatory conduct for people raising health and safety concerns or performing legitimate safety-related functions.
It is possible for a person to be bullied, sexually harassed and discriminated against at the same time.
These complaints should be addressed to the Anti Discrimination Commission NT(ASCNT)
Workplace conflict
Differences of opinion and disagreements are generally not considered to be workplace bullying. People can have differences and disagreements in the workplace without engaging in repeated, unreasonable behaviour that creates a risk to health and safety. However, in some cases, conflict that is not managed may escalate to the point where it meets the definition of workplace bullying.
Employers guide to preventing and responding to workplace bullying1
How to make a claim
How can workplace bullying occur?
Workplace bullying can be carried out in a variety of ways including in person, through email, text messages, internet chat rooms, instant messaging or other social media channels. In some cases workplace bullying may escalate beyond the workplace and normal working hours.
Workplace bullying can be directed at a single worker or group of workers and be carried out by one or more workers. It can occur:
sideways between workers
downwards from managers to workers
upwards from workers to supervisors or managers.
It can also be directed at or perpetrated by other people at the workplace, for example clients, patients, students, customers and members of the public.
Impact of workplace bullying
Workplace bullying can be harmful to the person experiencing it and to those who witness it. The effects will vary depending on individual characteristics as well as the specific situation and may include one or more of the following:
distress, anxiety, panic attacks or sleep disturbance
physical illness for example muscular tension, headaches and digestiveproblems
reduced work performance
loss of self-esteem and feelings of isolation
deteriorating relationships with colleagues, family and friends
depression
thoughts of suicide.
Workplace bullying can also have a negative impact on the work environment, damage the reputation of a business and can lead to:
a reduction in productivity and efficiency
a decline in job satisfaction, low morale, motivation and cohesion
high staff turnover and associated recruitment and training costs
increased absenteeism
disruption to work when complex complaints are being investigated
costly workers’ compensation claims or legal action.
Employers guide to preventing and responding to workplace bullying1
How to make a claim
Who has duties in relation to workplace bullying?
Everyone at the workplace has a work health and safety duty and can help to ensure workplace bullying does not occur. ‘Health’ is defined in the Work Health and Safety (National Uniform Legislation) Act– WHS (NUL) Act– as both physical and psychological health.
Who / DutiesPerson conducting a business or undertaking - PCBU (section 19) / A person conducting a business or undertaking (PCBU) has the primary duty of care under the WHS (NUL) Act to ensure,so far as is reasonably practicable, that workers and other people are not exposed to health and safety risks arising from the business or undertaking.
This duty includes, so far as is reasonably practicable:
providing and maintaining a work environment that is without risks to health and safety
providing and maintaining safe systems of work
monitoring the health and safety of workers and the conditions at the workplace to ensure that work related illnesses and injuries are prevented
providing appropriate information, instruction, training or supervision to workers and other people at the workplace to allow work to be carried out safely.
Officers (section 27) / Officers,such as company directors, must exercise due diligence to ensure the business or undertaking complies with the WHS (NUL) Act and Regulations. This includes taking reasonable steps to ensure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks associated with workplacebullying.
Workers (section 28) / Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a dutyto:
take reasonable care for their own health and safety
take reasonable care that their acts or omissions do not adversely affect the health and safety of other people
comply, so far as is reasonably practicable, with any reasonable instruction given by the PCBU, and
co-operate with any reasonable policies and procedures of the PCBU, for example a workplace bullying policy.
Others (section 29) / Other people at a workplace, such as visitors and clients, have similar duties to that of a worker and must:
take reasonable care for their own health and safety
take reasonable care that their acts or omissions do not adversely affect the health and safety of other people, and
comply, so far as is reasonably practicable, with any reasonable instruction given by the PCBU.
Employers guide to preventing and responding to workplace bullying1
Introduction – How can the risk of workplace bullying be managed
How can the risk of workplace bullying be managed?
Health and safety risks in a workplace must be eliminated so far as is reasonably practicable. If this is not possible, the risks must be minimised so far as is reasonably practicable. The risk of workplace bullying can be eliminated or minimised by taking a pro-active approach that involves:
early identification of unreasonable behaviour and situations likely to increase the risk of workplace bullying
implementing control measures to manage the risks, and
monitoring and reviewing the effectiveness of the control measures.
Consulting workers
Section47 of the WHS (NUL) Act: The PCBU must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking who are (or are likely to be) directly affected by a work health and safety matter.
Section48 of the WHS (NUL) Act: If the workers are represented by a health and safety representative, the consultation must involve that representative.
Consultation involves sharing information, giving workers a reasonable opportunity to express their views and taking those views into account before making decisions on health and safety matters.
Consultation enables workers to have input in developing policies and procedures for workplace bullying that are best suited to the needs of the business or undertaking. Effective consultation can also help raise awareness of workplace bullying. Consultation with workers is required when:
making decisions about measures to control the risks of workplace bullying, including policies and procedures for preventing and responding to workplacebullying
making decisions about procedures for providing information and training on workplace bullying
proposing changes that may affect the health and safety of workers.
Consultation can be conducted in various ways to suit the nature and size of thebusiness.
Consulting, co-operating and co-ordinating activities with other dutyholders
Section 46 of the WHS (NUL) Act: If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a work health or safety duty in relation to the same matter.
In some situations there may be a risk of a worker being bullied by a worker of anotherbusiness.
For example, labour hire workers may be exposed to workplace bullying by workers in a host business and vice versa. Both the on-hire company and the host business have a duty of care to manage the risk of workplace bullying. The businesses must consult and co-operate with each other on the standards of behaviour expected in the workplace including workplace bullying policies and procedures. They should develop an agreed approach for the reporting and investigation of potential workplace bullyingincidents.
Further guidance on consultation is in the Code of Practice:Work health and safety consultation, co-operation and co-ordinationwhich can be found on the NT WorkSafe website
Employers guide to preventing and responding to workplace bullying1
Introduction – How can the risk of workplace bullying be managed
Preventing workplace bullying
There is a risk of workplace bullying wherever people work together. There may not be obvious signs of bullying at the workplace but this does not mean it is not occurring.
Workplace bullying is best dealt with by taking steps to prevent it before it creates a risk to health and safety.
Identifying the potential for workplace bullying
Processes that may help identify workplace bullying or the potential for it to occurinclude:
regular consultation with workers and where they exist health and safety representatives and health and safety committees, including discussions aimed at finding out if bullying is occurring or if there are factors likely to increase the risk of workplace bullying – for some businesses conducting an anonymous survey may be useful
seeking feedback when workers leave the business, for example holding exitinterviews
seeking feedback from managers, supervisors or other internal and externalparties
monitoring incident reports, workers compensation claims, patterns of absenteeism, sick leave, staff turnover and records of grievances to establish regular patterns or sudden unexplained changes
recognising changes in workplace relationships between workers, customers and managers.
Research indicates there are a number of factors which may increase the risk of workplace bullying occurring in the workplace, for example:
presence of work stressors – high job demands, limited job control, organisational change, role conflict and ambiguity, job insecurity, an acceptance of unreasonable workplace behaviours or lack of behavioural standards, unreasonable expectations of clients or customers
leadership styles:
–autocratic behaviour that is strict and directive and does not allow workers to be involved in decision making
–behaviour where little or no guidance is provided to workers or responsibilities are inappropriately and informally delegated to subordinates
systems of work – lack of resources, lack of training, poorly designed rostering, unreasonable performance measures or timeframes
work relationships – poor communication, low levels of support or work grouphostility
workforce characteristics – groups of workers that are more at risk of being exposed to workplace bullying including:
–casual workers
–young workers
–new workers
–apprentices/trainees
–injured workers and workers on return to work plans
–piece workers
–workers in a minority group because of ethnicity, religion, disability, gender or sexual preferences.
Employers guide to preventing and responding to workplace bullying1